We see public service announcements all the time about the dangers of texting and driving. We know it’s against the law. Yet, most people still do it. We just seem unable to put our phones away when we’re behind the wheel. Although we admit that no text is worth dying for, we still can’t resist answering calls and text messages while we’re supposed to be watching the road.
If you get in a car accident, there’s a good chance the other driver was distracted at the time of the accident. Distracted driving isn’t limited to cell phones. There are all kinds of things that can lead to distracted driving, including:
- Talking to other passengers
- Watching a video on a cell phone or device
- Entering information into a GPS
- Putting on makeup
Any of these things can cause an accident. And most of these accidents are preventable. If you have been in an accident caused by distracted driving in Greenville, you need to contact a Greenville car accident attorney.
South Carolina Auto Accident Attorneys Know the Law
A lot of states have updated their distracted driving laws over the last few years. This is in response to the staggering number of injuries and fatalities caused by distracted driving. The current law in South Carolina regarding cell phones and distracted driving is pretty lenient.
Currently, it’s illegal in South Carolina to text or responds to text while driving. However, the law doesn’t prohibit talking on the phone or operating things like Bluetooth and GPS. The fines and rules for texting and driving include:
- $25 fine for the first offense
- $50 fine for subsequent offenses
- There are no driving points assessed for violations
- It’s a primary offense so cops can pull you over simply for texting
- You can text while at a red light or stop sign
South Carolina actually has some of the most lenient cell phone laws in the country. This may change soon. The legislature is looking to adopt a law closer to what Georgia has. In Georgia, it’s illegal to text, talk or uses any handheld device while operating a motor vehicle. The fines are stiffer and violations do carry insurance points.
Car Accident Lawyers in Greenville, South Carolina Know How to Prove Distracted Driving
Even if you suspect that the other driver was distracted at the time of the accident, it’s hard to prove this. Even if you swear the other driver had a cell phone in his hand when he hit you, this won’t suffice. Your car accident lawyer in Greenville will have to submit evidence that the defendant was distracted at the time of impact.
Your lawyer will have to rely on a few things to do this. Some of the evidence your lawyer will submit includes:
- Cell phone records showing that texts were sent or received at the time of impact
- Eye witness statements
- Any video camera feeds from the time of the accidents
- Police report
- The driver’s own statement
- Your testimony
For the most part, there should be some evidence showing the other driver was distracted. If your lawyer isn’t able to prove this, you could have a hard time showing liability. It really depends on the circumstances. Depending on the type of accident, both parties could be held to be partially at fault.
Your lawyer has access to a lot of things you don’t. They can subpoena cell phone records. They can check to see if any of the traffic signals or local businesses had cameras. Also, they can also subpoena the dashcam of any of the drivers involved in the accident.
Contact a Greenville Car Accident Lawyer Today
If you’ve been involved in a distracted driving accident, contact a Greenville car accident lawyer today. You need to focus on recovering from your injuries. The last thing you need to do is deal with a bunch of insurance adjusters and lawyers.
Your lawyer will fight to get you the compensation you deserve, including:
- Medical bills
- Lost wages
- Property damage
- Out of pocket expenses
- Pain and suffering
Just keep in mind, in order to recover damages, you have to suffer actual injuries. If you’re not hurt in the accident, don’t expect your lawyer to get you millions of dollars.
Call and schedule your initial consultation today. The consultation is free and you pay nothing until you settle your case. You can bet the insurance company will have lawyers working for them. And so should you!